| (a) Information in the water conservation plan provided
by an applicant for a water right permit to divert marine seawater
or seawater shall be considered by the commission in determining whether
any practicable alternative exists, whether the requested amount is
reasonable and necessary for the proposed use, and to ensure that
reasonable diligence will be used to avoid waste and achieve water
conservation.
(b) A water conservation plan submitted with an application
requesting to divert marine seawater or seawater must include data
and information which:
(1) supports the applicant's proposed use of marine
seawater or seawater with consideration of the water conservation
goals of the water conservation plan;
(2) evaluates conservation as an alternative to the
proposed diversion of marine seawater or seawater;
(3) evaluates other feasible alternatives to new water
development. It shall be the burden of proof of the applicant to demonstrate
that the requested amount is necessary and reasonable for the proposed
use; and
(4) demonstrates compliance with applicable provisions,
based on the proposed use, in §295.9 of this title (relating
to Water Conservation and Drought Contingency Plans).
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